Mining Incidents

Frank Waller: 1 recorded fatality controller

MSHA controller ID: M09759

Watch this controller

Email me when a new MSHA incident is filed at any mine Frank Waller controls.

Fatalities
1
Total incidents
182
Mines on record
2
Years on record
1985–2019
Compliance record
MSHA citations since 2000
388
citations
100
significant & substantial
$115,643
proposed penalties
$61,706
paid to date
53% of proposed penalties paid to date, a $53,937 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
160
inspections on record
3,108
inspection hours
12.5
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
388 citations across 3,108 inspection hours.
Source: MSHA inspections data, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$116K
proposed penalties
$100K
current assessed
$62K
paid to date
$38K
outstanding
384 assessments are final orders; 5 contested dockets.
Of $32K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2025-09-09.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
26.0%
significant & substantial
7.0%
high negligence or reckless
26.0%
reasonably likely or greater
35.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.9% low, 77.1% moderate, 7.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2021
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.87 and the all-US-mining average was 2.19 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 4.70 4.70 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 7.26 3.63 0.000
2015 * 0.00 0.00 0.000
2014 * 7.86 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Health sampling
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Metal and nonmetal contaminants (personal samples)
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2024-01-31
5%
of limit-tested samples over the exposure limit
61
samples
19
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz101 over
  • Respirable dust, <.1mg41
  • Arsenic fumes5
  • Beryllium fumes5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.
When citations were contested
Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
16 citations taken to the federal commission · 4% of citations on record
  • Settled 16 · 100%
100%
S&S designation survived the contest
Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 8 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$28K proposed, $14K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2011-10-11. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
Contested penalties
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
LAKE 2004-34-M Settlement Bulluck 2005 $20K → $10K
LAKE 2012-27M Settlement Miller 2012 $7K → $3K
LAKE20010142M Settlement Schroeder 2001 $3K → $2K
LAKE 2010-700M Settlement Harner 2011 $668 → $668
LAKE 2003-156-M Settlement Bulluck 2005 $484 → $50
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
1
2016
2
2014
2
2012
2
2011
2
2010
1
2007
2
2006
1
2005
6
2004
5
2003
6
2002
7
2001
13
2000
6
1999
10 (1f)
1998
11
1997
9
1996
12
1995
14
1994
15
1993
13
1992
7
1991
5
1990
11
1989
6
1988
6
1987
2
1986
1
1985
4

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
April 7, 1999 OH · Metal/Non-Metal driller, highwall operator, highwall drill operator Fatality · MACHINERY
Waller Brothers Stone Company Inc · Struck by flying object

2" IRON PIPE CAME LOOSE FROMA UNION JOINT AND THE OTHER END WAS THREADED INTO AN ELBOW AND WHEN IT CAME LOOSE THE PIPE APPROX 4' TO 6' LONG ACTED LIKE A JET PROPULSTON AND THE PIPE ROTATED LIK E A FAN AND IT HIT THE EE IN THE HEAD CAUSING DEATH FROM HEAD TRAUMA. PIPE WAS CONNECTED TO AIR COMPRESSOR.

For insurers, brokers, and safety consultants

Where Frank Waller stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
Need a different cut of the data? Ask us